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On The Right To A Fair Trial And In The Realization Of China's Criminal Trial Means

Posted on:2011-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:D D YangFull Text:PDF
GTID:2166360305989966Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the criminal proceedings, the trial proceedings determine the fate of the defendant .We may said that the impartiality of the trial proceedings is determine a key component of criminal justice. After World War II, including " International Covenant on Civil and Political Right," a series of human rights conventions, so that a fair trial by the international community has gradually become a universally basic human right. In 1998 our government has also signed the " International Covenant on Civil and Political Right ", approved only a matter of time. Therefore, the study of a fair trial is a great practical significance.In 1996, China's revised Criminal Procedure Law, Criminal Procedure Law of 1979 than the rule of law in the direction of the program a major step forward. At present, despite the Chinese Constitution and Criminal Procedure Law does not like "international covenant on civil and political rights" as to the fair trial to clear. However, the existing Criminal Procedure Code in many ways embodies the spirit of a fair trial. For example, civil law applicable to the principle of equality, the principle of independence of the courts to exercise jurisdiction, the principle of public trial, defense systems and so on. However, it is undeniable that China's Criminal Procedure Law and the "international covenant on civil and political rights" required a fair trial, there are still gaps. Although there are witnesses, such as our system, but the compensation of witnesses, protected from the consequences of testifying in court is not clear, therefore, a witness to testify in judicial practice is also difficult to implement. Therefore, to conduct criminal system reform in China, to further achieve a fair trial, both the implementation and ratification of "international covenant on civil and political rights" needs, but also the legal system, protection of human rights needs.In order to achieve a fair trial, this use of empirical analysis, comparative analysis, historical analysis and other methods to "international covenant on civil and political rights" in a fair trial based on a fair trial and the main study of criminal justice reform in China, and give three solutions for the reform .
Keywords/Search Tags:International Covenant on Civil and Political Right, Fair trial rights, Criminal Justice, Approach way
PDF Full Text Request
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